Common use of Right to Appoint a Receiver Clause in Contracts

Right to Appoint a Receiver. Upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent under this Agreement or any Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to CCSC but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments held by or deposited with it pursuant to this Agreement or any Security Document.

Right to Appoint a Receiver. Upon If a Notice of Acceleration is in effect, upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce the enforxx xhe rights of the Collateral Agent Trustee under this Trust Agreement or any Trust Security Document, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to CCSC the Company but without notice to any other Grantor or any party claiming through the GrantorsObligors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral Trust Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Trust Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Trust Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor Obligor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent Trustee shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Trust Agreement or any Trust Security Document.

Right to Appoint a Receiver. Upon If a Notice of Default is --------------------------- in effect, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent or of the Secured Parties under this Agreement or any Security DocumentAgreement, the Collateral Agent shall, to the extent permitted by law, with notice to CCSC but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral EstateAffected Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Affected Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured PartiesParty delivering the Notice of Default, and each Grantor Electing Holder irrevocably consents to the appointments appointment of such receiver or receivers and to the entry of such order; provided that, -------- notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments held by or deposited with it pursuant to this Agreement or any Security Documentwhich relates to the Affected Collateral.

Right to Appoint a Receiver. Upon As long as a Notice of Acceleration is in effect, upon the filing of a xxxx in bill xx equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this Agreement or any Security Document, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to CCSC the Borrower but without notice to any other Grantor or any party claiming through the GrantorsObligors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral EstateCollateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Administrative Agent) of the Collateral EstateCollateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured Parties, and each Grantor Obligor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; , provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Security Document.

Right to Appoint a Receiver. Upon If an Event of Default has occurred and is continuing, subject to the Intercreditor Agreement, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral US Administrative Agent under this Agreement or any Security DocumentAgreement, the Collateral US Administrative Agent shall, to the extent permitted by law, with notice to CCSC the Grantor but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral EstateCollateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral EstateCollateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral US Administrative Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral US Administrative Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Security DocumentAgreement.

Right to Appoint a Receiver. Upon If a Notice of Default is in effect, then, subject to the provisions of Article 6 hereof, upon the filing of a xxxx in bill xx equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent Trustee under this Agreement or any Security DocumentAgreement, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to CCSC the Issuer but without notice to any other Grantor or any party claiming through the GrantorsIssuer, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral EstateCollateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral EstateCollateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor the Issuer irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments held by or deposited with it pursuant to this Agreement or any Security Document.

Right to Appoint a Receiver. Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce enfoxxx the rights of the Collateral Agent under this Agreement or any other Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to CCSC the Company but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations or any of the Senior Note Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments held by or deposited with it pursuant to this Agreement or any other Security Document.

Right to Appoint a Receiver. Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce tx xxforce the rights of the Collateral Agent under this Agreement or any Shared Collateral Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to CCSC the Borrower and GSX but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Shared Collateral Security Document.

Right to Appoint a Receiver. Upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent Trustee under this Agreement or any Security Financing Document, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to CCSC the Issuer but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent Trustee shall be entitled to retain possession and control of all cash funds and Permitted Investments other property or assets held by or deposited with it pursuant to this Agreement or any Security Financing Document.

Right to Appoint a Receiver. Upon Subject to Section 2.7, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this Agreement or any Security First Lien Document, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to CCSC the Company but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Bank Obligations, without regard to the then value of the First Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the First Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the First Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured Partiesholders of the Bank Obligations, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Security DocumentFirst Lien Document (it being agreed, however, that all such cash and Cash Equivalents shall be deposited in to the Collateral Account and held by the Administrative Agent pursuant to Section 4.1 as part of the Collateral Estate).

Right to Appoint a Receiver. Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings proceedixxx to enforce the rights of the Collateral Agent under this Agreement or any Shared Collateral Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to CCSC the Borrower and GSX but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Shared Collateral Security Document.

Right to Appoint a Receiver. Upon If an Event of Default has occurred and is continuing, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this Agreement or any Security DocumentAgreement, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to CCSC the Borrower but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral EstateCollateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral EstateCollateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured PartiesIssuers and the Lenders, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Security Loan Document.

Right to Appoint a Receiver. Upon If a Notice of Acceleration is in ------------------------------- effect, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent Trustee under this Trust Agreement or any Trust Security Document, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to CCSC the Company but without notice to any other Grantor or any party claiming through the GrantorsObligors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral Trust Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral Trust Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Trust Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor Obligor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, -------- notwithstanding the appointment of any receiver, the Collateral Agent Trustee shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Trust Agreement or any Trust Security Document.

Right to Appoint a Receiver. Upon Subject to Section 3.7, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Note Collateral Agent under this Agreement or any Security Second Lien Document, the Note Collateral Agent shall, to the extent permitted by law, with notice to CCSC the Company but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Note Obligations, without regard to the then value of the Second Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Second Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Second Collateral Estate be segregated, sequestered and impounded for the benefit of the Note Collateral Agent and the Secured Partiesholders of the Note Obligations, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Note Collateral Agent shall be entitled to retain possession and control of all cash and Permitted Investments Cash Equivalents held by or deposited with it pursuant to this Agreement or any Security DocumentSecond Lien Document (it being agreed, however, that all such cash and Cash Equivalents shall be delivered to the Administrative Agent pursuant to Section 4.6 and held by the Administrative Agent pursuant to Section 4.1 as part of the Collateral Estate).